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HomeMy WebLinkAbout02/21/1974COMMISSIONERS y(,1�^y n m o p A ROLL CALL Present Absent 0 n U CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: City Council Chambers Time: 3:30 P.M. CnAv,a n., 91 107A MINUTES X X X X * *Arrived at 7:00 P.M. X EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director David R. Baade, Assistant City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Assistant Director - Planning William R. Foley, Senior Planner Shirley L. Harbeck, Secretary * * * * * * * * Item A-1 Request to create two parcels of land where 7 lots RESUB- and portions of 2 other lots now exist. b USTON WE 33 Location: Lots 8 through 14 and portions of Lots 7 and 15, Tract 16220 located APPROVED at 3366 Via Lido, on the north- DI- easterly side of Via Lido, south - TTUR LY easterly of Via Oporto, in the Lido Village Area. Zone: C -1 -1I Applicant: Don Koll Company, Newport Beach Owner: Imperial Savings and Loan Associa- tion, San Diego Engineer: Raub, Bein, Frost & Assoc., Newport Beach Community Development Director Hogan reviewed and clarified Condition No. 5 as recommended by the staff which will insure public access adjacent to the Bay by means of a boardwalk and walkway. Public hearing was opened in connection with this matter. Tim Strader, Vice President of Don Koll Company, appeared before the Planning Commission and concurred with the conditions as recommended by the staff. Page 1. COMMISSIONERS CITY OF NEWPORT BEACH (� T • �, � = m Z MINUTES r.. L...�s.... 91 7[19 d KULL LALL '� rauivaiy &I, 1�1t INDEX Planning Commission discussed the boardwalk and public access to the Bay. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Following discussion, motion was made to approve Ayes X X X X Resubdivision No. 433, subject to the following Absent X X X conditions: 1.. That a Parcel Map be filed. 2. That prior to recording the Parcel Map the applicant shall furnish the City an agreement satisfactory to the Building Official and the City Attorney guaranteeing that all require- ments of the Uniform Building Code shall be met within six months following the recording of the Parcel Map. 3. That all existing on -site and.building identi- fication signs of Imperial Savings and Loan . Association on Parcel 1 shall be removed at such time as Imperial Savings and Loan Associa- tion no longer occupies or conducts a substan- tial portion of its business from the existing structure on Parcel 1. The size and location of all new signs on Parcels 1 and 2 shall con- form to the current requirements of the Sign Code. 4. That the pile supported boardwalk proposed for construction bayward of Parcel 1 and providing a southerly extension of the proposed 6 foot wide public walkway easement to the north shall be constructed as authorized by Harbor Permit No. 124 -3400. 5. That prior to recording the Parcel Map the property owner shall furnish the City an agreement satisfactory to the Director of Community Development and the City Attorney guaranteeing the construction of a boardwalk - for reasonable public access bayward of Parcel 2. Said boardwalk shall be constructed so as to provide a southerly extension of the board- walk proposed for construction by the applican bayward of Parcel 1 and shall be completed • within one year following the recording of the Parcel Map. Page 2. COMMISSIONERS CITY OF NEWPORT BEACH T • m m f �Z m Z< m m ROLL CALL u Motion Ayes Absent MINUTES Qnhnuaav 91 107A IMUCA Item A -2 Request to create one parcel of land where one lot RESUB- and portions of two other lots now exist so as to DTTMON eliminate the lot lines over which existing 3 residential structures now exist. APPROVED Location: Portions of Lots 2 and 4, and Lot 3 COON i- Tract 1722, located at 3326 Via Lid TIONAL Y on the Easterly side of Via Lido between Via Oporto and Via Malaga in Central Newport. .Zone: C -1 -H Applicant: R. M. Galloway & Associates, Newport Beach Owner: Paul Pacera, Newport Beach Engineer: Same as Applicant Public hearing was opened in connection with this matter. Bob Nastasi representing R. M. Galloway & Associates .appeared before the Planning Commission and con- curred with the staff report and the conditions recommended. Planning Commission questioned the omission of a condition relative to the C.C.& R.s and felt that same should be included. Fred ..Night, adjacent property_ owner, appeared befo e the Planning Commission requesting clarification o th.e resubdivision and stated he had no objections to same. There being no others desiring to appear and be heard, the public hearing,was closed. X Following discussion, motion was made to approve X X X X Resubdivision No. 435, subject to the following X X X conditions: 1. That a Parcel Map be filed. 2. That the boat slips bayward of the subject property be transferred to the new property owners in accordance with City Council policy. Page 3. COMMISSIONERS CITY OF NEWPORT BEACH r >O�,y f+ T r m a t s ROLL CALL r 0 lotion Ayes Absent MINUTES rahruary 91 1074 3. That there shall be submitted a declaration of covenants, conditions and restrictions setting forth an enforceable method of insuring the installation and continued maintenance of the landscaping, walls, fencing and all physical features such as building, fire hydrants, utility facilities, parking areas, drainage facilities and recreation facilities acceptable to the Department of Community Development, an in respect to legal enforceability, the City Attorney. Item A -3 Request to create one parcel of land where one lot and a portion of a second lot now exist so as to permit the construction of room additions to an. RESUB- DIVISION N . APPROVED existing single family dwelling. Location: Portion of Lot 40 and Lot 41, Tract - 948, located at 402 Seville-Avenue, rrWAELY between "M" Street and East Balboa Boulevard on Peninsula Point. Zone: R -1 Applicant: Harry Otting, Balboa Owner: Same as Applicant Engineer: Hayes & Assoc., Inc., Costa Mesa Community Development Director Hogan advised the Planning Commission that staff recommended the elimination of Condition No. 2 as.same was extrane- ous and any construction would have to meet all Municipal Code requirements. Public hearing was opened in connection with this matter. Mrs. Ada Otting, wife of applicant, appeared befor the Planning Commission and agreed with the condi- tions as recommended. There being no others desiring to appear and be heard, the public hearing was closed. X following discussion, motion was made to approve X X X X Resubdivision No. 436, subject to the following X X X condition: 1. That a Parcel Map be filed. Page 4. COMMISSIONERS CITY OF NEWPORT BEACH m Y� n ROLL CALL P i Motion Ayes. Absent i MINUTES Gnhruary 91 107A wwev • c v ,� . , - mvcn Planning Commission recessed at 4:15 P.M. for dinner and reconvened at 7:00 P.M. with the following Commissioners present: Agee, Beckley, Heather, Parker., Rosener, Seely. Request to permit the construction of an automatic car wash in conjunction with a proposed automobile service station in the P -C District, and the LtemB-1 acceptance of an Environmental Document. Location: Portion of Lot 3, and Lot 4, Tract 7953, located at the northeasterly corner of MacArthur Boulevard and Jamboree Road in "Koll Center Newport ". Zone: P -C Applicant: Texaco Inc., Los Angeles Owner: Koll Center Newport, Newport Beach X At the request of the staff; Planning Commission X X X X X X continued this matter to the meeting of March 7, X 1974. Item B -2 Request to create one parcel of land for commercialRESUB- development where one lot and a portion of another lot now exist. D S ON NU. 42 Location: Portion of Lot 3, and Lot 4, Tract CONT. TO MUCT 7 7953, located at the northeasterly corner of MacArthur Boulevard and Jamboree Road in "Koll Center Newport ". Zone: P -C Applicant: Koll Center Newport, Newport Beach Owner: Same as Applicant Engineer: Raub, Bein, Frost & Associates, Newport Beach Page 5. COMMISSIONERS CITY OF NEWPORT BEACH O 7 �^ „ m • Z ,me P n ROLL CALL � Motion Ayes Absent 0 U MINUTES February 21. 1974 " INDEX X At the request of the staff, Planning Commission X X X X X X continued this matter to the meeting of March 7, X 1974. Item B -3 Request to amend a previously approved use permit so as to permit the expansion of an existing tavern (with live entertainment), and to waive the requir- ed offstreet parking spaces. LERMIT Location: Lot 25, Block 227, Section A, locat- ed at 2911 Newport Boulevard, located on Newport Boulevard south of 30th Street in Central Newport. Zone: C -1 Applicant: Edward H. Emerick, Newport Beach Owner: Frances Bury, Newport Beach Assistant Community Development Director Hewicker presented the following letters in opposition to the expansion of the tavern: Letter dated February 20, 1974, signed by C. W. Phillips of Phillips Marine Stores; Letter dated February 21, 1974, signed by Mrs. Edward Wedekind; and Letter dated February 19, 1974, signed by Burr White of Century 21 Real Estate. Mr. Hewicker also reviewed the staff report with the Planning Commission and answered questions relative to the parking. Public hearing was opened in connection with this matter. Edward Emerick, applicant, appeared before the Planning Commission and advised that the purpose of the expansion was to allow placing the game tables in the new area thus making room for additional seating in the bar where the live entertainment takes place. He advised that he had acquired the use of 15 parking spaces at the Bravo Taco to be used when they were closed and presented a diagram indicating the number of on- street parking spaces in the immediate area. He also stated he was unaware of complaints being made that his customers litter- ed private parking lots in the area and that in Page 6. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES Fehruary 21- 197a checking with the Police Department, no formal complaints have been made against him. Mr. Phillips of Phillips Marine Stores appeared before the Planning Commission in opposition to the expansion of the tavern due to the unauthorized use and littering of his parking lot. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the parking situatio and felt that if expansion occurred, off -site park- in g should be provided. They also discussed occupancy capacities, hours of operation, live entertainment, and the fact that if the unauthorized use of surrounding parking lots has occurred, it has not been brought to the attention of the City as a enforcement problem. Motion X Following discussion, motion was made to approve Ayes X X Use Permit No. 369 (Amended) subject to the three s X X X X conditions contained in the staff report. Motion ent X failed. Motion X A new motion was made to approve Use Permit No. Ayes X X X X X 369 (Amended) subject to the following conditions: Noes X Absent X 1: That development be in substantial conformance with the approved plot plan including the location of the pool tables and game facilitie as shown on that plot plan, except for minor modifications approved by the Department of Community Development. 2. That a minimum of 15 parking spaces shall be required between the hours of 9:00 P.M. and 2:00 A.M. and shall be maintained in an off - site location meeting the approval of the Community Development Department. These space shall be secured and maintained by an off -site parking agreement approved by the City Council 3. The approval of the sale of beer and live entertainment in the expanded tavern shall be for a two year period from the effective date of this action, and any request for extension shall be acted upon by. the Modifications Committee. 4. That the hours for live entertainment shall be restricted to the hours between 9:00 P.M. and 2:00 A.M. Page 7. COMMISSIONERS (1 p N T • m�T -' T Z` ROLL CALL 0 0 CITY OF NEWPORT BEACH MINUTES February 21. 1974 - INOSx -4 Request to amend a previously approved use permit so as to permit the expansion of the Sheraton FERMIT Newport Hotel (under construction) in "Newport 47 Place ", and the acceptance of an Environmental Document. MENDED PPROVED Location: Parcel 1 and Parcel 2 of Parcel Map OND - 40 -11 ( Resubdivision No. 313), IO A LY located at 4545 MacArthur Boulevard, at the southwesterly corner of Mac Arthur Boulevard and Birch Street in "Newport Place ". Zone: P -C Applicant: Messenger Hotels, Inc., Newport Beac Owners: Messenger Hotels, Inc. and The Newport Project by Emkay, Newport Beach Assistant Community Development Director Hewicker advised of the need for an additional condition requiring either a resubdivision to combine the parcels or an off -site parking agreement for the mutual use of parking for Phase I and Phase II of the development. Community Development Director Hogan reviewed the staff report with the Commission and brought them up to date on the problems created when a building permit was issued in error, including the lack of parking, and steps subsequently taken to correct the situation. He advised that if this amendment was approved, the parking would conform. Planning Commission discussed parking and questioned whether the requirements could be compared to other hotels in the area. Public hearing was opened in connection with this matter. William Messenger, applicant, appeared before the Planning Commission to answer questions and comment on the project. Since there is room for only 714 marked spaces, he requested permission to use valet parking, which would increase parking by 15 %, in order to comply with the parking requirement of 749 spaces. Page 8. COMMISSIONERS n T M r T T • Z F P A onu rwl A n" CITY OF NEWPORT BEACH Fohrilary 91 _ 1 Q7 MINUTES INDEX Jack Greenspan of Linscott Associates, traffic and parking consultants, appeared before the Planning Commission and compared the figures presented in the Environmental Impact Report with the Century Plaza Hotel and various other hotels. He also answered questions relative to the parking demand study. II Bill Shanley, General Manager of the proposed hotel appeared before the Planning Commission and commented on the operation and use of the hotel and meeting rooms. He also commented on the parking require- ments for an auditorium configuration as opposed to a dining configuration and stated that he would know in advance when the hotel would be operating at full capacity therefore requiring valet and controlled parking. William Messenger appeared before the Planning Commission and commented on the conditions recom- mended by the staff. • There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed rewording of Condi- tion No. 3 in order to provide for a flexibiltiy in parking controls as warranted by the occupancy load.. They also discussed amendments to the standards of the Planned Community Text and reason for same. Motion X Following discussion, motion was made to approve Ayes X X X X Use Permit No. 1547 (Amended) subject to the Noes X X following conditions: Absent X 1. That the approval of this Use Permit shall not become effective until such time as the appli- cant has secured an amendment to the hotel parking standards as currently set forth by the Planned Community Text. 2. That development shall be in substantial con- formance with the approved plot plan and elevations, except as noted in Condition No. 3 3. That there shall be a minimum of 749 parking • spaces for the hotel uses provided on site. A minimum of 714 spaces shall be provided which meet the City's parking standards. The balance of the required spaces may be provided by a valet service in compliance with a plan Page 9. COMMISSIONERS m e ^e, NAll T CITY OF NEWPORT BEACH February 21, 1974 MINUTES mvcn to be approved by the Director of Community Development. In addition to the 464 spaces required for Phase I, 50 spaces shall be pro- vided during the construction of Phase II for construction personnel. Both temporary and final parking layouts shall be approved by the traffic engineer. 4. That a P.C.C. pedestrian sidewalk with a minimum width of six feet be constructed immediately behind the curb along the Corinthian Way and MacArthur Boulevard frontages.. 5. That all applicable conditions of approval for the tentative map of Tract No. 7382 be ful- filled (i.e., street trees, etc.). 6. That all controls and specific development standards contained in the Planned Community text shall be met, except as noted in Condition No`. 3. • 7. That all illumination in the offstreet parking areas shall be shielded or directed so as'to confine direct rays to the subject property. 8. That landscape and irrigation plans, meeting the development standards of the P -C text, shall be submitted to and approved by the Director of Parks, Beaches and Recreation. The landscaping and irrigation shall be implemented in accordance with the approved plans, and shall be continuously maintained. 9. That a resubdivision be obtained or that an off -site parking agreement be secured for the mutual use of the parking spaces provided for Phase I and Phase II of the hotel development. Planning Commission recessed at 9:55 P.M. and reconvened at 10:05 P.M. Page 10. COMMISSIONERS CITY OF NEWPORT BEACH y(,1 m D x T D O m (� p N m x p p ROLL CALL i 0 Motion Ayes Absent 0 MINUTES February 21 1974 � mvew Item B -5 Request to permit the installation of a floating USE dry dock on the waters of Newport Bay. YMMIT 7712 Location: Bayward of Lot 13, Block 220, Section A, Newport Beach, located PPROVED CUM— at 227 20th Street, on the westerly side of 20th Street on Newport Bay ALLY on the Balboa Peninsula. Zones: C -2, Unclassified Applicant: Pacific Tides Marine, Inc., Newport Beach Owner: JJAK Corp., Santa Ana Public hearing was opened in connection with this matter. Ralph Moss, one of the owners of Pacific Tides Marine, applicant, appeared before the Planning Commission and concurred with all the conditions as recommended by the staff. He advised that the hours of operation would be between 8:00 A.M. and 5:00 P.M. There being no others desiring to appear and be heard, the public hearing was closed. X Following discussion, motion was made to approve X X X X X X Use Permit No. 1712, subject to the following X conditions: 1. This approval shall be for a two year period; any request for extension to be acted upon by the Modifications Committee. 2. A harbor permit shall be issued for this operation. 3. The dock shall remain moored at this location and shall not be moved from place to place in the harbor. . 4. Repair and maintenance work on boats shall not be done before 8:00 A.M. nor after 9:00 P.M. 5. At least 3 parking spaces shall be provided on abutting land for the dry dock. Page 11. COMMISSIONERS CITY OF NEWPORT BEACH 7C T g m D O 1'+ x ROLL CALL 0 Is MINUTES Fdhruary 71. 1974 IMYCA 6. There shall be no dry disk sanding of hull bottoms. 7.. The dry dock shall not exceed a height of 12 feet above the water. 8. There shall be no projection beyond the U. S. Project Line. 9. That fire protection (wet standpipe and fire extinguishers) shall be approved by the Fire Department. 1.0. That the applicant shall be responsible for all precautionary actions to protect the quality of the waters of the Bay and there shall be no disposal of any liquid or solid materials into the Bay or the storm drain system. Item B -6 Request to permit the expansion of the existing USE Elk's Club facilities, and to waive the required offstreet parking spaces. PERMIT JF17 .. X13 Location: Lot 1126, Tract 907, located at APPROVED 3456 Via Oporto, on the north side of Via Oporto in "Lido Village ". C DI- TTO-N-K-ELY Zone: C -1 -H Applicant: Newport Harbor Elk's #1767, Newport Beach Owner: Same as Applicant Public hearing was opened in connection with this matter. Ray Kelter, Trustee for the Elk's, appeared before the,Planning Commission and concurred with the conditions as recommended by the staff. Planning Commission discussed allocation and control of the amount of parking in the Lido Village parking structure and requested that staff prepare an analysis for review at a Study Session. There being no others desiring to appear and be heard, the public hearing was closed. Page 12. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES \1 I inewl m FPhrllary 77 _ 1C74 Motion Ayes Absent 0 Motion Ayes Absent Motion was made to approve Use Permit No. 1713, X X X X X subject to the following conditions: X 1.. That development be in substantial conformance with the approved plot plans, except for minor modifications approved by the Department of Community Development. 2. That a minimum of 38 parking spaces shall be maintained offsite after the hour of 6:00 P.M. daily. These spaces shall be received and maintained by an offsite parking agreement approved by the City Council. 3. That all mechanical equipment and trash areas shall be screened to the satisfaction of the Department of Community Development. Item B -7 Request to amend a portion of Districting Map No. AMENDMENT 10 from the R -2, R -3, and R -4 Districts to the NO. OS (Open Space) District. APPROVED Location: Portion of Lots 2 through 6, Tract 710, Lots 169 and 170, Block A, East Newport, and the land between same and the bulkhead line; and Lots 12 through 22, Block 5, East Newport, located at 720 West Bay Avenue on the Balboa Peninsula Applicant: Newport Harbor Yacht Club, Newport Beach Owner: Same as Applicant Public hearing was opened in connection with this matter. George H. Jones, member of the Newport Harbor Yach Club, appeared before the'Planning Commission and advised that the staff report completely covers the request whereby it is the desire of the Yacht Club to comply with existing zoning of the City as recommended by the General Plan. There being no others desiring to appear and be heard, the public hearing was closed. % Planning Commission recommended to the City Counci X K X K that Amendment No. 427 be approved. x Page 13. COMMISSIONERS Y m= = a F m (� �m T mac y2 z onn reu m CITY OF NEWPORT BEACH Fahruary 91. 1074 MINUTES ADDITIONAL BUSINESS: Motion X Planning Commission amended their Rules of Pro - Ayes X X X X X X cedure to provide for regular meetings to start at Absent X the hour of 7:00 P.M. with the provision that the Chairman may call for meetings to start at the hour.of 3:30 P.M. should the workload warrant same and provided proper notice for public hearings have been given as set forth in the Municipal Code. Motion X There being no further business, Planning Commissio Ayes X X X X X X adjourned the meeting. Time: 10:40 P.M. Absent X JOSEPH ROSENER, JR., Secretary Planning Commission City of Newport Beach Page 14.